Meeting Type: BCC Regular Meeting
Meeting Date: 5/21/2026
Item Status: New
From: Jay Dickson, Planning Director
Submitted by: Celena Boykin, Senior Planner
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ITEM TITLE
Title
Planning (Zoning) District 2 - Acceptance of Notice of Intent to Request Planning and Zoning Referendum
End
STAFF RECOMMENDATION
Recommendation
Pursuant to Alabama Code §45-2-261.07, accept the notice of intent to request a referendum for Planning and Zoning purposes for the current Planning District 2.
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BACKGROUND INFORMATION
Background: Ms. Kathy Tate who resides in Planning District 2, a resident of 15011 May Tower Road, Bay Minette, Alabama 36507, contacted the Planning and Zoning Department to request a zoning referendum in Planning District 2 (north of I-65 and east of the Stockton area).
Baldwin County Board of Registrars gave the Planning Department an estimate of 865 registered voters that are within Planning District 2. The applicant must seek 10% of this number on the petition.
The steps for exercising Planning and Zoning authority are found in Alabama Code §45-2-261.07 and the proceeding sections.
1) A party or parties seeking to file a petition shall notify the County Commission in writing that the parties will petition for the formation of a Planning District and the proposed boundaries of the district. (PURPOSE OF THIS AGENDA ITEM)
2) Within 15 days of notice to the County Commission, the Judge of Probate shall give a preliminary estimate of the number of signatures needed to call the election. Ten percent of the qualified electors residing within the proposed planning district will need to sign the petition. Planning and Zoning staff will notify the Judge of Probate.
3) The County Commission shall notify the principal party in writing, within 30 days of written notification of intent to request a referendum, that the proposed district is acceptable for planning, zoning, and voting purposes, and shall furnish forms for use in seeking the required signatures.
4) The party will have 120 days to gather the signatures and file the petition. Upon receipt, the County Commission and Judge of Probate will have 45 days to certify or reject the accuracy of the petition. If the number of signatures is not sufficient, the party or parties will have an additional 60 days in which to obtain signatures and have the petition certified.
5) Upon certification, the County Commission shall instruct the Judge of Probate to provide for an election within the district no later than 90 days after certification. If the petition is not certified, a new petition cannot be refiled for two years.
Previous Commission action/date: N/A
FINANCIAL IMPACT
Total cost of recommendation: N/A
Budget line item(s) to be used: N/A
If this is not a budgeted expenditure, does the recommendation create a need for funding? N/A
LEGAL IMPACT
Is legal review necessary for this staff recommendation and related documents?
N/A
Reviewed/approved by: N/A
Additional comments: N/A
ADVERTISING REQUIREMENTS
Is advertising required for this recommendation? N/A
If the proof of publication affidavit is not attached, list the reason: N/A
FOLLOW UP IMPLEMENTATION
For time-sensitive follow up, select deadline date for follow up: N/A
Individual(s) responsible for follow up: County Administration Staff & Planning and Zoning Department
Action required (list contact persons/addresses if documents are to be mailed or emailed): Administration Staff send correspondence to requesting party notifying them that the Planning (Zoning) District 2 map has been accepted for planning, zoning, and voting purposes:
Kathy Tate
15011 May Tower Road
Bay Minette, Alabama 36507
Additional instructions/notes: Admin - Start Planning District checklist.